Page 4 - Commerce Power News Today

Device. >> that was justices briier and ginsberg. two people you would assume would be favorable to the presidents cause here on this. if theyre not buying the tax argument, what does that tell you? >> sure. lets set the table a little bit. there is a statute called the anti-injunction act. it says you cant sue ahead of time over taxes. what they were saying was something favorable to the government. this is not a tax so you can bring the suit now and we can decide the case now. but there is ano...

But for them to uphold the mandate, they have to take the outer reach of the commerce clause and move it way, way out from where it stands. >> how is it moving that much farther out? look, i didnt go to law school. but reading the case that everybody brings up. it is among the reasons why the government believes theyre going to win this argument. that they will convince possibly kennedy, roberts and maybe even scalia, all three of them on this. how did that not stretch the outer limits? >> it di...

Talking about this health care reform. so i not only think its a good idea that we talk about it that way. thats the way people have heard it. more importantly, the positive things about it and of course, once this supreme court decides that the individual mandate will stay and i believe they will, because of the prior precedent setting case. this is about the commerce clause. we looked at i very, very deeply when we were trying to pass this law. people will see they will have access into this s...

Care as we do, for instance, medicare, also been litigated and found constitutional. that would have been found constitutional. that congress and this president didnt want to be dealing with a tax bill. they cooked up this alternative scheme where theyre compelling to us buy the product. which in this case is health insurance. it is not health care. it is health insurance. supposedly under the commerce power and that has never happened before. >> if they strike this down and use this commerce cl...

So the individual mandate is being framed as an acumen under the commerce law. they say this is not a tax, this is a penalty. so congress could refurbish this as a tax and say were not doing this under our commerce power, were doing this under a general taxation power. plaintiffs are arguing that would be much more intellectually honest and harder to pass through congress. harder to pass, and more evidence that this is to raise revenue to fund the rest of the -- >> i want to pause everybody ther...

Sweeping expense of federal power in their history. that is something they have to defend. >> reporter: justice kennedy, he, too, offered opinion favoring the commerce power under the congressional clause but says just because its purchased doesnt mean that congress can regulate it. bret? >> bret: thank you, shannon. the dow lost 15 on wall street. s&p 500 off 5. nasdaq dropped 26. no grapevine tonight so we can bring you more super tuesday coverage. up next, another crucial state. tennessee. an...

Attorneys general who are tasked with protecting states rights to stand up and sue. jon: youre saying the requirement that people buy health insurance individually, that you find unconstitutional. >> we do. yes. and now, the federal government, they will argue that somehow this is an expansion of their commerce clause power but there are big cases in the last decade in which the courts have said that commerce power is not without limits, it has to have commerce at its core and has to be somethin...

Prohibit -- >> neil: dont states, i dont know about california but dont states mandate all residents have auto insurance? this will be the equivalent of that on a grander scale. >> its federal. its all the difference in the world between a sovereign state, which under a constitution, the 50 states are, to which all powers not specifically given to the federal government pertain. the federal government, which is limited. you have to find a grant of to and from the obama administration is saying i...

For amendments so its one roll call vote after another. republicans plan to offer several, possibly into the hundreds. and at the very least they want to force tough votes for democrats headed into november. >> neil: well see, one way or the other. david, thank you very much. >> good to be here. >> neil: he signed seven minutes later they sued. do the attorneys generals have the case? only rudy giuliani would know. hell hath no fury like the party feeling the power. get ready.

Insurance, $15,000 for families, 7500 for a individual, well pass the ability to buy insurance in every state and drive down the price. well pass tort reform and a law like texas has which works beautifully, number of doctors in texas increasing. >> neil: you know what theyre going to say? too little, too late. out in republicans are serious about an issue they really have never been serious about. >> i ran on that when running for president of the united states. this is what we would do if in p...